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On 31 May 2021, new rules will come into force which will fundamentally change the way that
whiplash and other low value personal injury claims resulting from road traffic accidents are dealt
with, and which are expected to result in a large proportion of people having to bring DIY claims
in order to recover the compensation that they deserve.

We understand the anxiety that this will cause and accordingly are determined to do all that we
can to continue to provide accident victims with the support that they need, irrespective of the
severity of their injuries or the likely value of their claim. In particular, we are committed to
continuing to provide a free initial claims assessment in every road traffic accident case, which
will be undertaken by one of our highly trained and specialist personal injury lawyers.

What are the new rules and why are they being introduced?

The new rules provide that, for any road traffic accident occurring on or after 31 May 2021:

•  Where you sustain whiplash injuries, which result in symptoms that last for less than two
  years and which are accompanied by no or only minor psychological trauma, the amount
  of compensation you are entitled to receive will be calculated according to a set tariff
  which ranges from £240 and £4,345, depending on how badly you have been hurt;
•  There can be no deviation from this tariff, save for in exceptional circumstances where an
  increase of up to 20% may be applied;
• It will no longer be possible for whiplash injuries lasting for less than two years to be
  settled without a medical report first being provided to the person being asked to pay
  compensation; and
• Claims for any type of road traffic accident in which injuries are sustained that can be
  valued at less than £5,000, and where the total amount being sought including financial
  losses is less than £10,000, must now be processed through a new low value RTA portal,
  known as the Official Injury Claim (OIC) Portal, which has been specifically designed for
  accident victims to use without the help of a lawyer and which means that the cost of
  employing a solicitor to handle low value claims will no longer be recoverable as part of
  your claim.

The rules are being introduced to help reduce the incidence of fraudulent and exaggerated
whiplash claims, which are estimated to cost the insurance industry £2 billion a year and add £90
to the cost of the average car insurance policy, and also to drive down the cost of dealing with
minor accident claims generally which are considered by many to be excessively high.

Who is affected?

The first thing to make clear is that not everyone will be impacted by the new rules. It is only
people who have suffered whiplash which has affected them for less than two years or who have
suffered other minor injuries worth less than £5,000 and who have an overall claim that is worth
less than £10,000 who will be impacted.
In addition, even where the new rules appear to apply, the expectation that you should bring your
own compensation claim will not arise where the person who has been injured is:

• A child;
• An adult who lacks mental capacity;
• A pedestrian;
• A cyclist;
• A motorcyclist, pillion passenger or sidecar passenger;
• A horse rider; or
• The user of a mobility scooter.

You will also not be expected to bring a DIY claim where:

• The person who was injured, or the person who harmed them, is now dead;
• The person who was injured is an undischarged bankrupt; or
• The person who caused the accident was driving a vehicle which, at the time, was not
  registered in the UK.

Why it remains important for legal advice to be taken

It is not easy to value a personal injury claim, and particularly where you have no legal
qualifications. This is why we would urge anyone who has been involved in a road traffic
accident to continue to come to us for an initial assessment of their claim so that you know for
certain whether it should be pursued by you in the OIC Portal, or handled by us under the rules
that apply to more serious claims and in respect of which legal fees will then be recoverable.
It is also not easy to determine whether any psychological trauma that has been sustained
alongside a whiplash injury is minor or not, or whether the circumstances of your case justify you
receiving an uplift on your compensation of up to 20%. Again, this is something that we can
advise you on if you contact us as soon as your accident occurs.

How we intend to help in low value claims

In addition to continuing to provide free initial assessments in all road traffic accident claims, we
also intend to:

• Produce a factsheet which will contain lots of useful hints and tips about bringing a claim
  on a DIY basis and the steps you can take to secure the compensation you deserve; and
• Launch a low value RTA claims assistance scheme, which will enable anyone who is still
  feeling the impact of an injury some months after an accident occurred to employ us to
  handle distinct parts of their case for a pre-agreed, competitively priced fixed fee.
• And remember, we will still be able to act for you on a no win, no fee basis in any case that is not
  caught by the new rules and particularly in serious injury cases which result in limb loss or
  amputation, severe spinal damage, head and brain trauma or serious psychological harm.

Need more information?

To find out more, or to speak to one of our personal injury specialists, please call 0800 1956412
and ask to talk to Abid Hussain, Anna Rushton or Dominic Jones. To speak to someone in

Polish, please ask to talk to Agnieszka Kulas on 01270 254064. You are also welcome to call
into our offices which are still open and adhering to Covid-secure rules.